Pacemaker defense? Prosecutors oppose that possibility for driver accused in Boise crash
Prosecutors have alleged that claims a Boise driver — suspected of several hit-and-run crashes last summer — wasn’t at fault because of a medical condition are “unsubstantiated.”
The Ada County Prosecutor’s Office asked 4th District Judge Jason Scott in a nine-page motion to prohibit 47-year-old Jacob Miller from making any statements or arguments at his upcoming trial that a heart attack or a misfiring pacemaker factored into a crash that severely injured two women downtown.
Miller was driving drunk, with a blood alcohol content of 0.214 — almost three times the legal limit of 0.08 — according to the motion. And medical staff at a local hospital where Miller was taken said claims his pacemaker misfired were “false,” the motion said.
“In short, there is no credible evidence that the defendant was suffering from any medical issues,” according to the filing signed by deputy prosecutors Tessie Buttram and Katelyn Farley, “or that (his) pacemaker was malfunctioning at the time he crashed into the victims as they were in the crosswalk.” ‘
Both women were hospitalized with life-threatening conditions, including traumatic brain injuries and multiple broken bones.
Miller faces five felonies — including two counts of aggravated driving under the influence — and several misdemeanors after authorities say he ran a red light and hit the women at the intersection of 11th and Main streets in downtown Boise. He continued to drive through downtown, hitting curbs and other vehicles, and narrowly avoiding a bicyclist, a legal intern for the prosecutor’s office said in court.
Miller eventually crashed into another vehicle over 3 miles away and was detained by four young men until officers arrived, according to previous Idaho Statesman reporting. Prosecutors said he was “combative” with officers during his arrest, and attempted to kick a nurse once he was transported to a hospital.
“The irresponsible actions of this individual caused serious injuries to two of our community members,” Boise Police Capt. Jim Quackenbush said in a news release at the time. “We thank the many witnesses who acted quickly to provide immediate assistance and all those who have come forward with information on this tragic event.”
Miller has been in custody at the Ada County Jail since July, held on a $1 million bond. Even if he posted bond, which would amount to $100,000 if he used a bail bonds business, Miller has a hold from the Idaho Department of Correction for violating parole, which means he won’t be released.
The day after being booked into custody, probation and parole officers met with Miller, who told them he was drinking the night of the accident and “blacked out,” according to the filing.
But a few days later, he backtracked. Miller said in a jail call that he had a heart attack while driving and blamed it on his pacemaker, the prosecution filing said.
While hospitalized, Miller told medical staff several times his pacemaker was firing, but doctors concluded it wasn’t, according to prosecutors.
There were no abnormalities on his scans except for a brief period of atrial tachycardia, which is when the upper chambers of someone’s heart beat faster than normal, the filing said. This occurred at the same time he was being pursued by police.
“Claims made by the defendant in which he tries to blame his pacemaker or any medical condition is irrelevant and should be excluded,” the filing said.
Miller’s jury trial is expected to begin on July 21 at the Ada County Courthouse. His attorney hasn’t filed a response to the prosecution’s motion and didn’t respond to an email seeking comment for this story.
